Troops may face court martial for prisoner's death

British soldiers may face a court martial over the death in custody of an Iraqi prisoner.

Baha Dawud al-Maliki was said by his family to have suffered severe internal injuries after his arrest by members of the Queen's Lancashire Regiment last September.

An inquiry by the Special Investigations Branch of the Royal Military Police may lead to manslaughter charges.

The incident again casts light on the alleged ill-treatment of prisoners by British troops after the end of fighting in Iraq. As yet no one has stood trial over claims of beatings and torture.

The Ministry of Defence said yesterday that it had paid out £8,100 to the families of three men who have died in custody but denied an admission of culpability. Mr al-Maliki's family received about £2,000 in an interim settlement pending the investigation.

Related Articles

Yesterday, the MoD described suggestions of a court martial as speculation, saying the RMP had yet to finalise its report. Failure to pursue the matter will draw more criticism from organisations such as Amnesty International.

Mr al-Maliki, 26, is thought to have been one of eight or nine men arrested at the Ibn al-Haytham Hotel in Basra on Sept 14 following the alleged discovery of weapons. He died three days later. Another man, Kefah Taha, was alleged to have suffered renal failure as a result of injuries inflicted by his captors. Two of the group, said to be pro-Saddam fighters, are still in custody.

Two members of the QLR, an armoured infantry unit based in Catterick, North Yorks, are understood to be at the centre of the inquiry. The unit returned to Britain in November and will soon embark on a tour in Cyprus. No one has been suspended.

One month before Mr al-Maliki's death the regiment lost one of its most popular officers in a bomb attack. Investigators are understood to have considered whether the death of 29-year-old Capt David Jones caused troops to seek retribution.

In addition to the September incident, the RMP is examining the circumstances surrounding the deaths of two men detained by the Black Watch during a search operation near Basra in May.

One of the men, Abd al-Jabbar Mossa, 53, was said to have died of heart failure soon after his arrest. His family claim he was hit over the head while being bundled into a Warrior armoured personnel carrier. The second, Rathy Namma, was also said to have suffered a heart attack while being questioned.

It is understood no charges will be brought in relation to the deaths, which have been put down to natural causes.